Law:

Section:

Civil Procedure Code (V of 1908)------O.1X, R.13---Constitution of Pakistan (1973), Art.185(3)---Ex parte decree, setting aside of---Neither amended plaint had yet been filed nor heirs of deceased had been served without which further progress in the case was not possible, as such case was not yet ripe for ex parte decree due to absence of respondent--­Absence of respondent on the date of filing of written statement was explained as due to his illness, supported by medical certificate---High Court, held, had rightly set aside ex parte decree in circumstances. ORDER ABDUL KADIR SHAIKH, J.--This is a petition .for leave to appeal against the judgment of a learned Judge of Balochistan 1ligh Court dated 4-5-1988 by which a revision application filed by Mir Muhammad Amin, first respondent herein, was allowed with the result that the ex part c decree passed by Oa7i Mashkey dated 15-11-1987 which was upheld by Majlis-e-Shoora, Khuzdar on appeal by the judgment dated 10-2-1988 was set aside, and the case was remanded to the trial Court with the direction to obtain "proper amended plaint from plaintiffs'-and thereafter notice be also given to newly-in pleaded heirs of deceased Mir Ali Muhammad, an opportunity be given to all the defendants to file amended statements" and then the suit be decided afresh on merits in accordance with the law. The facts of the case briefly stated are that petitioner filed a civil suit against respondents 1 and 2 and Mir Ali Muhammad, predecessor-in-interest of respondents 3 to 8, in the Court of Qazi Mashkey claiming declaration that they are owners in possession of the suit-land and for issuance of a permanent injunction by way of consequential relief. During the course of the proceedings in the suit, when the case came up for hearing on 22-10-1987, a copy of the plaint was delivered to respondent 1 and attorney of respondents 3 to 8 who were present in Court for filing written statements on 31-10-1987. However, on the next date of hearing respondents 1 and 3 to 8 were absent and the learned Qari ordered ex parte proceedings, and thereafter decreed the suit ex parte in petitioner's favour on 15-11-1987. On 17-11-1987 one Abdul Wahid, a…

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